The following terms and conditions apply to and are incorporated into the estimates and invoices unless expressly modified or excluded in writing by the contractor (JMC Land Services, LLC).
Scope Of Work
- 1.1 The contractor shall carry out and complete landscape works described in the estimate/invoice document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and any drawing, the description contained in specification shall prevail over the drawing.
- 1.2 The contract documents shall contain the estimate/invoice, the specification plans and any other document referred to in the estimate/invoice. No qualification in any acceptance issued by the client shall form part of the contract unless specifically agreed to in writing by the contractor.
- 1.3 Only the items on the estimate/invoice specification are included, but all works are due for payment. All other requested works are excluded.
- 1.4 The client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.
Estimate/Invoice
- 2.1 The contractor also reserves the right to increase the value of the contract due to changes in design or materials by the client after execution of the contract and may result in change order fees.
- 2.2 Acceptance of the estimate/invoice involves acceptance of these terms in conditions of the contract documents. This represents a binding contract between the parties. It should be noted by the client that any attempt to cancel by the client will involve the client being liable to cancellation fee and any loss of expenses incurred as a result at the discretion of contractor. (Up to a maximum of 50% of the total of estimate/invoice.)
Payment
- 3.1 The client accepts that he/she will pay the contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon the contract.
- 3.2 All accounts are net and do not provide for any discounts or retentions.
- 3.3 A deposit of 1/3 down will be required prior to the start date, upon agreement of works. Payment for the remainder will be due upon completion. The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate/invoice.
- 3.4 Larger contracts may be broken into payments by draw. Frequency and amount will be agreed upon by client and contractor.
- 3.5 Payments are immediately due on receipt of invoice.
- 3.6 The contractor will only ask for the estimate/invoice price, unless there are any unforeseeable difficulties, or the work has been increased. In either case, all work will be paid for.
Site
- 4.1 The client warrants the site is free of underground problems including but not limited to pipes, irrigation, electric cables, phone lines, cable lines, electric dog fence wiring, stumps, sewage drains and waste materials. Where problems are found underground the contractor shall be free from any liabilities, and if able to repair, is entitled to charge to properly execute repairs or charge to perform additional work.The client is responsible for any expenses incurred due to any unforeseen underground problems discovered during or after work has been completed.
- 4.2 The contractor shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.
- 4.3 Any material, refuse or debris required to be removed from the site to execute the contract, not in the estimate, may be billed for hauling and dumping.
Delay/Disruption
- 5.1 The contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specific date if agreed. The contractor shall not be held responsible for any delays caused by weather which make contract execution impossible.
Materials On-Site
- 6.1 Materials delivered to site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason.
- 6.2 Any material brought to, or removed from the site, excess to the contractor’s requirements remains the possession of and removable by the contractor who shall have the right to enter the site for that purpose.
Maintenance After Completion
- 7.1 The contractor undertakes to execute the scope of this contract. The proper maintenance of the site however, passes to the client upon practical completion, unless otherwise agreed in writing. Practical completion is deemed to take place as specified by the contractor.
Warranties
- 8.1 JMC Land Services, LLC is very proud to stand behind our work and does everything possible to ensure customer satisfaction during and after installation. Please read and understand our guarantee so there are no questions about the responsibilities of JMC Land Services, LLC and the customer.
- 8.2 Guarantees valid only upon full payment of agreed contract. Once job is completed to contract/plan specifications, withholding payment for warranty items is not acceptable. Warranty items will not be addressed until payment in full is received.
- 8.3 All plant material is guaranteed to be living and vigorous at the time of installation. Plant material that the contractor delivers and installs that dies within three months from installation date will be replaced with proof of purchase. Replacements will be installed on a one time basis, based upon availability, seasonal conditions, and JMC Land Services, LLC’s scheduling. Substitutions will be agreed upon by both customer and JMC Land Services, LLC.
- 8.4 In any case, JMC Land Services, LLC is only responsible for the value of the plant material as listed on the estimate/invoice, and shall not be held liable for any other expenses related to the replacement costs.
- 8.5 All plant material must have a dedicated water source. Watering by hand or lawn sprinklers will not suffice. For installations, all sites still lacking a proper irrigation system on the start date of the work, are 100% excluded from any and all guarantees.
- 8.6 Regular priced containerized plant material directly purchased from JMC Land Services LLC’s retail garden center, that is not installed by JMC Land Services LLC, can be returned within 14 days of purchase for store credit/exchange only. Items listed as clearance carry no guarantee. NO CASH REFUNDS will be issued. Store credits and exchanges require a VALID proof of purchase and customer must bring in the affected plant.
- 8.7 JMC Land Services, LLC assumes no responsibility for plant material that suffers from improper care, poor watering, over fertilizing, improper pruning, damaged by pests, lawn mowers, weed eaters, chemicals, inadequate drainage, and all acts of nature including drought, cold weather & excessive wind, are exempt from guarantee.
- 8.8 All field grown or balled and burlaped plant material that JMC Land Services, LLC does not install, carry no guarantee.
- 8.9 Due to the fragile nature of sod grasses, all sales are final and there are no guarantees or refunds even if you follow all the care instructions on our website. For any type of sod to survive, it requires a minimum of 5 to 6 hours of sunlight per day and must be sprayed to prevent fungus and pests. Lack of proper maintenance for one day could cause newly installed sod to die. Due to the weight of our equipment and product upon delivery, damages may occur on driveways and sidewalks. The driver will only follow the customer’s instructions. By continuing with this purchase, you agree to release JMC Land Services of any responsibility of such damages.